Op de overeenkomst zijn van toepassing de hierboven al genoemde “Additional Terms and Conditions” (verder: Terms and conditions).
Artikel 12 van deze Terms and conditions houdt, voor zover in deze zaak van belang, het volgende in: “In the event that PURCHASER fails or refuses fully to perform any of its obligations hereunder, including but not limited to timely making any of the payments required by this Agreement a. (…) e. PRODUCER and/or Artist will be entitled to assert all claims and to exercise all rights and remedies available, whether at law or in equity.”
Artikel 16 van de Terms and conditions luidt, voor zover in deze zaak van belang: “Insurance. a. PURCHASER agrees to provide public and general liability insurance coverage (…) in an amount not less than US 5.000.000 per occurrence to protect against any claim for personal injury or property damage otherwise brought by or on behalf of any third party, person, firm or corporation as a result of or in connection with the Performance(s). The policy shall name PRODUCER, Artist, each individual member of Artist and their respective agents, employees, directors, officers, principals, representatives, and shareholders as additional insured’s (…).”
Artikel 17 van de Terms and conditions luidt, voor zover in deze zaak van belang: “Indemnification. a. PURCHASER shall indemnify, protect, and hold PRODUCER, Artist, the individual performing members of Artist, Artist’s managers, accountants, attorneys, agents, (…) (collectively, the “Indemnified Parties”) harmless, from and against any claim, demand, action, loss, cost, damage, or expense whatsoever (…)
2. Any and all loss, damage, and/or destruction occurring to PRODUCER’s, Artist’s, and/or their respective employees’, contractors’, or agents’ instruments and equipment at the place of the Performance (…)”
Artikel 24 van de Terms and conditions luidt, voor zover in deze zaak van belang: “This agreement shall be construed in accordance with the laws of the State of California without regard to its application of choice of laws. Any claim or dispute arising out or relating to this Agreement or the breach thereof shall be settled by arbitration in Los Angeles, California in accordance with the commercial rules and regulations then in effect of the American Arbitration Association. The parties hereto agree to be bound by the award of such arbitration and judgment upon the award may be entered in any court having jurisdiction thereof. (…)”.